If you are married to a military servicemember but are anticipating getting divorced in the near future, you will find that many aspects of the process are no different from civilian divorces. Specifically, if you are a parent and plan on receiving child support from your soon-to-be ex-spouse, the final amount will be determined by the laws of the state in which the divorce is finalized.
However, sometimes due to their military obligations, there may a delay in finalizing a service member's divorce. Should this occur, there may be an interim period during which the non-military parent who has primary custody of the children needs support.
The solution to this problem is unique to military divorces. If you are the parent seeking the support payments, you can solicit the assistance of a military parent's commanding officer. The officer can investigate the matter and could then issue an order for the military parent to begin making interim support payments.
Such child support payments are typically determined using a formula that factors a service member's Basic Allowance for Housing and his or her gross pay. Divorcing military parents who are required to make these interim payments must do so until there is a formally established child support agreement or a court order outlining the finalized terms of payment.
The process of receiving child support from a servicemember can contain elements of both state law and military regulations. But understand, these regulations and laws act to help serve the best interests of the child. This means if you need interim support payments, you should not be afraid to take the avenues available for getting those payments started.
But should you have any questions regarding your rights regarding child support or any other aspect of your divorce, you may wish to speak with an experienced military divorce attorney. Such an attorney can help represent your interests as you navigate the processes imposed by both the military and the state systems.